Dipak Misra

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Hon'ble Chief Justice
Dipak Misra
Dipak Mishra.png
Dipak Mishra during his oath at Rashtrapati Bhavan.
45th Chief Justice of the Supreme Court of India
Assumed office
28 August 2017
Appointed by Ram Nath Kovind
(President of India)
Preceded by Jagdish Singh Khehar
Judge of the Supreme Court of India
Assumed office
10 October 2011
Appointed by President Pranab Mukherjee
Chief Justice of the High Court of Patna
In office
December 2009 – May 2010
Chief Justice of the High Court of Delhi
In office
24 May 2010 – 10 October 2011
Personal details
Born (1953-10-03) 3 October 1953 (age 64)
Relatives Ranganath Mishra (uncle)[1]
Alma mater M.S. law College, Cuttack
Shri. Justice Dipak Misra Sworn in as the Chief Justice of the Supreme Court of India

Justice Dipak Misra (born 3 October 1953) is the Chief Justice of India. He is the 45th Chief Justice of India (CJI), succeeding the 44th CJI, Justice J. S. Khehar.[2][3] He is a judge of the Supreme Court of India and a former Chief Justice of the Patna and Delhi High Courts. He is the nephew of Justice Ranganath Mishra, who was the 21st CJI during 1990-91.[4][5] He hails from the State of Odisha.

Career[edit]

Justice Mishra enrolled at the Bar on 14 February 1977 and practised at the Orissa High Court and the Service Tribunal. He was appointed as an Additional Judge of the Orissa High Court in 1996 and was later transferred the following year to the Madhya Pradesh High Court, where he was made a Permanent Judge on 19 December 1997. In December 2009, he was appointed Chief Justice of the Patna High Court and served until May 2010, when he was appointed Chief Justice of the Delhi High Court. He served in the latter capacity until his elevation to the Supreme Court on 10 October 2011.[6]

Justice Misra has a tenure of almost seven years at the Supreme Court and has been appointed the 45th Chief Justice of India from 28 August 2017 till 2 October 2018, the day he retires on turning 65 years in age. Justice Mishra will be serving as the CJI for a term of 13 months and will retire on October 2, 2018.[7]

Notable judgements[edit]

Justice Mishra's passed judgment in the Own Motion vs State case, requiring Delhi Police to upload FIRs on their website within 24 hours of the FIRs being lodged, in order to enable the accused to file appropriate applications before the court for redressal of their grievances.[8]

In a case on Reservation in promotion, Justice Mishra and Justice Dalveer Bhandari upheld the Allahabad High Court judgement that reservation in promotions can be provided only if there is sufficient data and evidence to justify the need. The bench rejected the Uttar Pradesh government's decision to provide reservation in promotion on the ground that it failed to furnish sufficient valid data.[9][10][11]

Justice Mishra led the bench which rejected the 1993 Mumbai serial blasts convict Yakub Memon's appeal to stop his execution. He then received a death threat in writing, an anonymous letter which says "irrespective of the protection you may avail, we will eliminate you." But despite all dangers, he successfully punished Yakub Menon with a death penalty.[12]

A three judge bench led by Justice Mishra has upheld the death sentence awarded to the four convicts of the Nirbhaya rape case on 5 May 2017.[13]

Justice Mishra authored the landmark judgement confirming the death penalty of four convicts in thebrutal 2012 Delhi gang rape and murder case which shook the nation and spurred the genesis of a stringent anti-rape law. In his verdict, Justice Mishra termed the convicts as those who “found an object for enjoyment in her... for their gross, sadistic and beastly pleasures... for the devilish manner in which they played with her dignity and identity is humanly inconceivable”.

He had upheld constitutionality of criminal defamation. He was also part of the Bench of the Supreme Court's seven seniormost judges who convicted then Calcutta High Court judge C. S. Karnan of contempt of court and sentenced him to six months' imprisonment.

References[edit]

  1. ^ "Dipak Mishra, the Man behind Nation Anthem ruling to be next CJI". The Economic Times. 9 August 2017. Retrieved 9 August 2017. 
  2. ^ "Hon'ble Mr. Justice Dipak Mishra". Supreme Court of India. 
  3. ^ "The courtrooom cast after presidential reference". The Indian Express. 1 October 2012. 
  4. ^ http://economictimes.indiatimes.com/news/politics-and-nation/justice-behind-national-anthem-ruling-will-be-next-cji-7-things-about-dipak-mishra/articleshow/59973937.cms
  5. ^ http://m.timesofindia.com/home/sunday-times/He-taught-me-that-law-needs-to-have-a-human-face/articleshow/52273469.cms
  6. ^ "Hon'ble Mr. Justice Dipak Misra". Supreme Court of India. 
  7. ^ "CHIEF JUSTICE OF INDIA AND SITTING HON'BLE JUDGES ARRANGED ACCORDING TO DATE OF APPOINTMENT AS ON September 29, 2012". Supreme Court of India. 
  8. ^ "Delhi HC bids farewell to CJ Dipak Mishra". Zee News. 5 October 2011. 
  9. ^ "Supreme Court upholds High court's decision to quash quota in promotion". The Times of India. 28 Apr 2012. Retrieved 10 August 2012. 
  10. ^ "SC quashes quota benefits in promotions". The Hindu. 28 April 2012. Retrieved 10 August 2012. 
  11. ^ "U.P.Power Corp.Ltd. vs Rajesh Kumar & Ors. on 27 April, 2012". IndianKanoon.org. Archived from the original on 10 August 2012. Retrieved 10 August 2012. 
  12. ^ http://www.hindustantimes.com/india-news/judge-who-rejected-yakub-memon-s-mercy-plea-threatened-security-tightened/article1-1377376.aspx
  13. ^ "Nirbhaya gangrape case: Supreme Court verdict on convicts plea challenging their death sentence shortly". Retrieved 3 September 2017.